Form Lis Pendens Foreclosure Cook County In New York
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A judge in the Circuit Court of Cook County oversees the foreclosure process, which typically involves the lender filing a lawsuit against the homeowner for defaulting on the mortgage. If the Court finds in favor of the lender, it can result in the forced sale of the property to repay the outstanding mortgage debt.
New York is a judicial foreclosure state, which means that the lender has to sue the borrower in order to enforce their rights under the mortgage and note. If the lender wins the lawsuit, it obtains a judgment from the court, which allows the lender to sell the property at an auction.
It takes at least 6 to 8 months for a fore- closure lawsuit to go from summons and complaint to auction — even if you ignore the court case. In reality, however, the process is taking much longer. If you file an Answer and appear at the mandatory settlement conference, it is taking lenders 1 to 3 years to foreclose.
Tenants May Be Named in the Foreclosure Action The bank may name each tenant as a defendant in the foreclosure action. In such cases, the tenant will receive a formal summons and complaint from the county clerk. This filing generally serves as a secondary notice to ensure that all tenants are aware of the foreclosure.
Missed Mortgage Payments If you have fallen behind 1 to 2 months in payment, the mortgage holder will tell you that they will start the foreclosure process for your home. You will get a 90 Day Pre-Foreclosure Notice in the mail. You will have a chance to get help and try to recover before a court case is started.
Unfortunately New York State does NOT have a right of redemption period post foreclosure sale. Once the property is sold at the public auction to the highest bidder, the original foreclosed owner has no right to satisfy the entire amount owed the lender.
On December 30, 2022, New York Gov. Kathy Hochul signed into law the Foreclosure Abuse Prevention Act (the “Act”), which will hinder lenders and servicers' ability to foreclose on New York homeowners.
The document is a legal summons issued by the Circuit Court of Cook County, Illinois, requiring defendants to respond to a complaint within 30 days.
It takes at least 6 to 8 months for a fore- closure lawsuit to go from summons and complaint to auction — even if you ignore the court case. In reality, however, the process is taking much longer. If you file an Answer and appear at the mandatory settlement conference, it is taking lenders 1 to 3 years to foreclose.
